WorksheetsTorts and Negligence Fundamentals
Total questions: 74
Worksheet time: 40mins
Which of the following is true about the duty of care?
A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care.
Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff.
The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiffs life or profession
Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property.
George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take off.The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?
All the men recover the same amount of damages, irrespective of their income or profession
Harry, a chartered accountant who earns $200,000 a year
Jerry, a football player who earns $2 million a year
George, a retired professor who gets a pension of $50,000 a year
What is meant by "causation in fact"?
a defendant's defense against a case of negligence
a defendant's negligent act that caused the plaintiffs injuries
a defendant's plea of guilt due to negligence
the facts stated by a plaintiff during trial
__________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
Proximate cause
Causation in fact
Point of reason
Point of appropriation
If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for
intentional misrepresentation
breach of the duty of care
professional malpractice
tort of appropriation
Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case?
Tim cannot recover any damages from the motorcycle manufacturer
Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership from which he purchased the motorcycle.
Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded by the court.
Tim can recover $50,000 worth of damages from the motorcycle manufacturer.
If a manufacturer produces a defective product, sells it to a wholesaler, who sells it to a retailer, who sells it to a consumer, who is injured, which parties in the chain of distribution are potentially liable under strict liability?
the manufacturer, wholesaler, and retailer
only the manufacturer and wholesaler
only the manufacturer
only the retailer
Who can recover for their injuries under product liability law?
someone who purchases a product new
someone who uses a product with the owner's permission
a nonuser such as a bystander
All of the above
Joy invites Ken into her apartment. Ken commits trespass to land if he
enters the apartment with fraudulent intent.
refuses to leave when Joy asks him to go.
harms the apartment in any way.
makes disparaging remarks about Joy to others.
John Harley was on his way home when an assailant stopped his car and threatened to harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for _______.
disparagement
Libel
battery
assault
Which of the following best describes the tort of battery?
unauthorized and harmful or offensive physical contact with another person that unable to respond back
an action that arouses reasonable apprehension of imminent harm
oral or written defamation of another person's character
intentional confinement or restraint of another person without that person's consent
Which of the following torts constitutes a battery?
blackmailing a person
stealing a person's wallet
poisoning a person's drink
threatening to shoot a person
Which of the following statements is true of battery?
Battery refers to intentional infliction of emotional distress.
Actual physical contact is not necessary for a tort to be termed as battery.
Assault and battery often occur together.
Indirect physical contact between the victim and the perpetrator is not battery.
As a joke, Fran hides Gary's business law textbook so that he cannot find it during the exam. Fran is liable for____.
wrongful interference with a business relationship.
trespass to personal property.
appropriation.
disparagement of property.
Clam, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales Clem solicits each of Edna's customers. Clem is most likely liable for__________.
conversion.
trade libel
trespass to personal property.
wrongful interference with a business relationship.
Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because_____.
Earth Movers is a corporation.
the activity is inherently negligent.
the government pays for highway construction,
the activity is of a dangerous nature.
Nadine is a spectator at the Metro City Softball Tournament, an athletic competition. Regarding the risk of injury, Nadine assumes the risks
A) normally associated with the tournament. (correct) B) attributable to the tournament in any way. C) different from the risks normally associated with the tournament. D) greater than the risks normally associated with the tournament.
greater than the risks normally associated with the tournament.
different from the risks normally associated with the tournament.
attributable to the tournament in any way.
normally associated with the tournament.
77. Mariah wins her suit against Variety Products Company. Variety's best ground for appeal is the trial court's interpretation of A) the conduct of the witnesses during the trial B) the law that applied to the issues in the case. (correct) C) the credibility of the evidence that Mariah presented. D) the dealings between the parties before the suit.
the dealings between the parties before the suit.
the credibility of the evidence that Mariah presented.
the law that applied to the issues in the case.
the conduct of the witnesses during the trial
78. Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence. A) only if Lyle is injured. B) only if Lyle is not injured. C) under any circumstances. (correct) D) under no circumstances.
only if Lyle is injured.
only if Lyle is not injured.
under any circumstances.
under no circumstances.
79. Eva owns Fast-Rate Salvage, a demolition company. A demolition by a Fast-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eva must pay for Glen's injury A) only if Glen's injury was not reasonably foreseeable. B) whether or not the Fast-Rate crew was at fault. (correct) C) only if Glen's injury was reasonably foreseeable. D) only if the Fast-Rate crew was at fault.
only if Glen's injury was reasonably foreseeable.
only if Glen's injury was not reasonably foreseeable.
whether or not the Fast-Rate crew was at fault.
only if the Fast-Rate crew was at fault.
80. In a newspaper ad, Select Used Motors falsely accuses Top Value Vehicles, a competitor, of selling stolen cars. Top Value's sales decrease. Select has most likely committed A) defamation. (correct) B) no tort. C) slander of title. D) slander of quality.
slander of title.
slander of quality.
no tort.
defamation.
81. Jane enters onto Sam's property to help someone in danger. If Sam charges Jane with trespass to land, Jane has A) no defense. B) a complete defense C) a possible defense. (correct) D) a partial defense.
a partial defense.
a possible defense.
a complete defense
no defense.
82. ____________refers to an attempt by another person to take over a living person's name or identity for commercial purposes A) Invasion of the right to privacy B) Defamation of character C) Tort of appropriation (correct) D) Disparagement
Tort of appropriation
Disparagement
Defamation of character
Invasion of the right to privacy
83. Sending an objectionable telegram to a third party and signing another's name constitutes the tort of______. A) invasion of the right to privacy B) defamation of character (correct) C) battery D) intentional misrepresentation
invasion of the right to privacy
defamation of character
battery
intentional misrepresentation
84. The tort of defamation of character requires a plaintiff to prove that the defendant _____. A) publicized a private fact about the plaintiff B) insulted people closely related to the plaintiff, such as family or friends C) published an untrue statement of fact about the plaintiff to a third party (correct) D) made one or more financial deals with the plaintiff under a false identity
published an untrue statement of fact about the plaintiff to a third party
made one or more financial deals with the plaintiff under a false identity
insulted people closely related to the plaintiff, such as family or friends
publicized a private fact about the plaintiff
85. Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completed and had been wearing a wig for several years. Gary can sue his ex-girlfriend for_____. A) slander (correct) B) invasion of the right to privacy C) tort of appropriation D) negligent infliction of emotional distress
slander
invasion of the right to privacy
tort of appropriation
negligent infliction of emotional distress
86. Throwing a lit match on the ground in the forest and causing a fire is a breach of________. A) appropriation B) Good Samaritan law C) duty of care (correct) D) res ipsa loquitur
res ipsa loquitur
appropriation
Good Samaritan law
duty of care
87. If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for________. A) professional malpractice (correct) B) intentional misrepresentation C) tort of appropriation D) breach of the duty of care
breach of the duty of care
tort of appropriation
intentional misrepresentation
professional malpractice
88. Gary is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for A) slander (correct) B) invasion of the right to privacy C) tort of appropriation D) negligent infliction of emotional distress
invasion of the right to privacy
tort of appropriation
negligent infliction of emotional distress
slander
89. Which of the following actions would make Sarah liable for battery? A) She publishes an article calling for the current U.S. President to quit because she thinks he is not doing a good job. B) She slaps her ex-husband because he denied her alimony. (correct) C) She extends the boundary of her plot of land encroaching two feet of her neighbor's plot. D) She smuggles marijuana into the country.
She smuggles marijuana into the country.
She slaps her ex-husband because he denied her alimony.
She extends the boundary of her plot of land encroaching two feet of her neighbor's plot.
She publishes an article calling for the current U.S. President to quit because she thinks he is not doing a good job.
90. Which of the following statements is true of the tort of assault? A) An assault is considered an unintentional tort. B) An attack is considered an assault only if the defendant was provoked to attack a plaintiff. C)An attack is not considered an assault if the defendant was provoked to attack a plaintiff. D) Actual physical contact between plaintiff and defendant is not necessary. (correct)
An assault is considered an unintentional tort.
An attack is considered an assault only if the defendant was provoked to attack a plaintiff.
Actual physical contact between plaintiff and defendant is not necessary.
An attack is not considered an assault if the defendant was provoked to attack a plaintiff.
91. If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________. A) professional malpractice (correct) B) intentional misrepresentation C) tort of appropriation D) breach of the duty of care
tort of appropriation
breach of the duty of care
professional malpractice
intentional misrepresentation
92. Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael? A) doctrine of unintentional tort B) doctrine of proximate cause C) doctrine of negligence (correct) D) transferred intent doctrine
doctrine of proximate cause
doctrine of unintentional tort
transferred intent doctrine
doctrine of negligence
93. Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for______________ A) tort of outrage B) breach of duty of care C) negligent infliction of emotional distress (correct) D) transfer of intent
transfer of intent
breach of duty of care
tort of outrage
negligent infliction of emotional distress
94. ______________refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
assumption of risk
comparative negligence
strict liability
contributory negligence
Prado Loyola is a race-car driver who signed an agreement with a racing team stating that he participates voluntarily with full knowledge of the risks. During a race, drizzle covers his windshield, he misses a turn, and crashes. Which defense can the team cite to protect itself from liability if Loyola sues?
private necessity
assumption of the risk
breach of the duty of care
res ipsa loquitur
Intentional misrepresentation occurs when a seller or lessor _______.
fails to warn customers about dangerous propensities
conceals a defect in a product
shows negligence in product design
fails to assemble a product carefully
Martin wins a car in a lottery and sells it to his friend Ted. Ted is seriously injured when the airbag fails due to a defective Supplemental Restraint System. Which statement is true?
The driver of the other car can be held strictly liable due to involvement in the accident.
Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
The car manufacturer cannot be held strictly liable as Ted had not bought the car from them.
Martin can be held strictly liable because he sold the car to Ted.
According to the doctrine of strict liability, which parties are strictly liable for injuries caused by a defective product?
all parties in the chain of distribution
all parties providing services related to the product
only the parties directly involved in the sale to the customer
only the manufacturers of the products
Mary is riding in John's new car. A malfunctioning brake causes an accident injuring both. Which statement is true of this situation?
John can file a negligence lawsuit against the dealership from which he bought the car.
Mary can file a strict liability lawsuit against John.
Mary can file a negligence lawsuit against the dealership that sold John's car.
Mary can recover from a strict liability lawsuit against the manufacturer of John's car.
Dorothy purchases a chair whose legs were not fixed properly to the base and it breaks, injuring her. In a strict liability lawsuit, which defect can Dorothy cite?
defect in manufacture
failure to warn
defect in design
failure to provide adequate instructions
______ is a doctrine stating automobile manufacturers must design automobiles considering harm from a person's body striking something inside the automobile in a crash.
Conspicuity
Crash avoidance
Crashworthiness
Risk compensation
When product containers are not tamperproof, it is termed a ________.
defect in manufacture
failure to warn
defect in design
defect in packaging
______ is a defect that occurs when a manufacturer does not provide detailed directions for safe assembly and use of a product.
Defect in design
Defect in manufacture
Failure to provide adequate instructions
Failure to warn
A pharmaceutical company disclosed a list of side effects of a new prescription drug. A consumer suffers one listed side effect and sues for product liability. Which defense would the company assert?
The consumer abnormally misused the drug.
The consumer was injured due to a supervening event.
The consumer had assumed the disclosed risks when purchasing the drug.
The side effects suffered were generally known dangers of the drug.
Tim buys a Rugger motorcycle and suffers an accident due to a recalled braking defect. The court finds Tim half responsible due to his traffic negligence. Under contributory negligence, what is the ruling?
Tim cannot recover any damages from the motorcycle manufacturer.
Tim can recover $25,000 from the Rugger and the rest from the dealership.
Tim can recover $50,000 worth of damages from the motorcycle manufacturer.
Tim can recover $50,000 plus any punitive damages awarded by the jury.
Companies that manufacture products to government specifications are not liable if such products cause injury because _______.
the companies have government contractor defense
these products are abnormally misused
people assume the risk when using these products
the use of these products entails generally known danger
To assert ______ as a defense, the defendant must prove that the plaintiff knew and appreciated the risk of the product.
generally known dangers
assumption of the risk
abnormal misuse
supervening event
Carl seeks recovery in a products liability lawsuit over a couch he bought. He must prove the following except:
that the injury resulted from a defect in the product
that he had a contractual relationship with the manufacturer
that he in fact was injured
that the product caused the injury
Which of the following is not a defect in manufacture?
failure to properly assemble the product
failure to properly package the product
failure to properly check the quality of the product
failure to properly test the product
In considering whether a product contains a defective design, the courts will consider the following except:
the profitability of the product
the likelihood of injury
the degree of danger posed by the design
the cost of producing a safer design
the social utility of the product
Which of the following is correct with regard to the crashworthiness doctrine?
Car dealers should train car buyers in order to minimize their chances of being involved in an accident.
Car manufacturers should make cars that are designed so that the risk of injury arising from striking the interior of the car in an accident is minimized.
Car manufacturers should design cars to minimize their repair costs in the event of an accident.
Car manufacturers should make cars with a minimal chance of being involved in an accident.
Which of the following best describes a defect in packaging under products liability?
The packaging of a product contains misleading or deceptive information about the product contained inside.
The packaging of a product is such that it allows the product to spoil.
The packaging of a product, such as a bottle or can, causes an injury to the user.
The packaging of a product allows children to access a product, such as drugs or poisons, that is generally safe when used as directed, but can be harmful if not used properly.
The packaging of a product fails to contain necessary warnings about the dangers associated with a product.
When a product is found to be defective because of a failure to warn, it means:
a state of the art design is accepted so long as consumers are warned that there are no safer designs available
that the product would not have been unreasonably dangerous if consumers had been warned about certain dangers of the product
that the manufacturer did not meet its duty to warn against all possible dangers that might exist in connection with a product
that the manufacturer made an unreasonably dangerous product about which consumers should have been told
A wholesale distributor who is named in a product liability suit based on strict liability could avoid liability if:
the plaintiff had not purchased the product causing the injury
the distributor exercised reasonable care in all ways with respect to the product causing the injury
this product had been used for many years by other users without injury
this defect which caused the injury occurred after the product left the distributor
In order for the government contractor defense to apply, the following must be present except:
the contractor presented the government with a proposed safer design for the product
the product conformed to the government specification
the contractor warned the government of any known defects or dangers
the government set precise specifications for the product
all four of the above must be proven in order for the defense to apply
Based on the law of products liability, which of the following is correct?
A manufacturer should design its products to take into account all possible misuse.
A manufacturer should design its products to take into account all possible misuse by the initial purchaser, but need not worry about misuse by other users.
A manufacturer should design its products to take into account foreseeable misuse.
A manufacturer need only take into account the intended use of its products.
Which of the following is true about statutes of limitation and statutes of repose?
Neither type of statute applies in the event of serious injuries.
Statutes of limitation, but not statutes of repose, set time limits on bringing legal actions.
These statutes are federal law and apply nationwide even to state law actions.
A statute of repose requires that a claim be brought within the specified number of years that the product was originally sold.
Which of the following is not a commonly recognized defense in product liability?
government contractor defense
unforeseeable misuse of the product
state of the art design
assumption of the risk
correction of the defect
Irma bought a new Zenith car from the Zenith dealership. As Irma was driving it, one of the wheels fell off, causing the car to crash and Irma to be injured. It can be shown that the manufacturer negligently attached the wheel to the axle. Irma wants to sue the Zenith manufacturer. Under which of the following causes of action can Irma sue the dealership?
negligence
breach of warranty of merchantability
A, B, and C
strict liability
A and C only
Which of the following could not give rise to a strict liability in tort action for products liability?
buying legal services for the drafting of a will
buying a prescription which was filled in a drug store
buying food at a Joke-in-the-Box restaurant
buying a new car from a Genard Motors dealer
Paul purchased a deluxe motor home from Wide Open Spaces Motor Homes. In a products liability suit against Wide Open Spaces Motor Homes Corporation, Paul must show which of the following in order to recover?
Wide Open Spaces was the manufacturer of the motor home, and not just a dealer.
The negligence of Wide Open Spaces led to Paul's injury.
A "defect" made the motor home unreasonably dangerous, leading to an injury.
The motor home was new when Paul purchased it.
Little Bobby, 5 years old, finds his older brother's "Extendo Sword," which is a toy sword about a foot long which springs out to 5 feet long when a button is pushed on the handle. His mother tells him to put it down because he will hurt someone if he's not careful. Bobby pushes the button when the sword is pointed toward his face and, just as all properly functioning "Extendo Swords" do, the sword shoots out. Bobby is injured and, under products liability, sues the toy store which sold the toy. Bobby will most likely:
lose if the defendant can show that the sword was a state-of-the-art design
lose because of contributory negligence by playing with the sword after being told not to
win on the basis of a design defect
lose if he cannot prove negligence on the part of the toy store
win on the basis of a manufacturing defect
As Betty is riding her new "LogLeaper XRTSHX 10,000 GTI" mountain bike, the front axle breaks and she is injured. She decides to sue Generalized, the maker of the bike, after learning that all LogLeapers have this problem. She would most likely sue on the basis of:
design defect
manufacturing defect
failure to warn
negligence in assembly
defect in packaging
Justin buys a computer from a retailer and his son is injured when the monitor glass shatters during use. He sues only the wholesaler. The jury finds a manufacturing defect and apportions fault: wholesaler 5%, retailer 20%, manufacturer 75%. What can Justin recover from the wholesaler?
not recover because his son was not the purchaser
recover 20 percent from the retailer, but none from parties he did not deal with
recover only 5 percent of his damages from the wholesaler
recover the full amount of his damages from the wholesaler
Pat, during fraternity initiation, tries to eat cheese from a set mousetrap and is injured when it snaps on his nose. He sues the hardware store that sold the mousetrap. Which fact would allow the store to avoid liability?
the store exercised reasonable care in selling the mousetrap
it was an unforeseeable misuse for anyone to use a mousetrap in this way
any defect was caused by the manufacturer, not the hardware store
Pat was not the purchaser from the hardware store
A seller is sued under strict liability for selling a defective widget. Which fact would NOT help the seller’s defense?
the product was not unreasonably dangerous
the seller had taken all steps possible to ensure a safe product
the widget had been altered after the seller sold it
the seller was not engaged in the business of selling widgets
A manufacturer faces several products liability suits. Which situation provides the weakest defense for the manufacturer?
plaintiff misused an electric wood saw against the grain despite manual warnings
plaintiff received a recall notice but ignored it and kept using the product
plaintiff misused an electric sander to remove facial skin for complexion improvement
injury occurred when a boy drilled into his brother’s arm due to toy car damage
plaintiff modified the company’s lawn mower into a ceiling fan for his room
Barry buys a low-sitting sports car with limited rear visibility. A month later he backs over his pet poodle while leaving for work. In strict liability against the manufacturer, Barry will:
win on the basis of packaging defect due to body styling
lose because he assumed the risk of backing with limited rear visibility
win on the basis of design defect
lose because he lacks privity with the manufacturer
win because driving a sports car is inherently dangerous
Ralph removes the permanent blade guard from his Power table saw because it inhibits his work. He is later injured; with the guard left on, no injury would have occurred. Under strict liability, Power’s best defense is:
state of the art
generally known dangers
assumption of risk
supervening event
misuse of the product
JKL, Inc. learns its toasters are defective and could cause serious harm. Which statement is NOT true?
JKL must make a reasonable effort to notify purchasers and users
JKL must correct the defect
if a user gets notice but continues using the product and is injured, JKL is probably still liable
one reasonable way to notify purchasers of the defect is by mail
Which situation constitutes a supervening event for a car manufacturer sued in strict liability for an injury caused by one of its cars?
redesign of the model so current units lack the defect
a recall notice sent to the owner but ignored
a new safety regulation enacted after the injury that would have prevented it
the defect was caused by the car dealer while installing accessories
Sean bought a 6‑year‑old car two years ago from its original owner. Eight months ago he received a brake recall notice but did not respond. Yesterday the brakes failed and injured a pedestrian. What is true regarding lawsuits against the manufacturer?
neither party can recover if only a few cars actually had a brake defect
the pedestrian cannot recover because the pedestrian was not using the car
Sean can recover despite receiving the recall notice
the pedestrian cannot recover because the correction of a defect defense applies even though Sean did not get the repair
the pedestrian cannot recover due to assumption of the risk
